The likely validity of an agreement depends in large part on the analysis of state law, which applies to the concrete facts you have made and the situation of your employer. With so many potential issues, if you have any doubts about an agreement, it would be wise to consult a lawyer who is familiar with these types of agreements. Incorrect payments on the validity of the agreement could seriously affect your ability to work and cost you a lot of money, so be careful. A non-compete agreement is a contract between two parties, usually two individuals or a company and a person, in which one person promises not to compete with the other person or company after the end of Demener`s business. That is, he or she will not create, join or buy a similar business and compete with it. The purpose of the agreement is to make it clear that an employee who leaves the company or that an external consultant terminates his commitment to create a new business to compete with the company that has just paid them for his services. 9. Does my employer have to pay me extra money in exchange for a non-compete agreement? The use of these clauses is based on the possibility that an employee, after resigning or terminating, may work for a competitor or create a business and gain a competitive advantage by using confidential information about the business activities or trade secrets of his former employer or sensitive information such as customer lists, business practices, future products and marketing plans. Once the parties have agreed on the non-competition obligation and compensation, the employer has the right to ask the worker to comply with non-competitive obligations at the expiry of the employment contract, and the People`s Court supports that claim. The worker has the right to ask the employer for the compensation agreed upon after the non-competitive obligations have been fulfilled, and the People`s Court supports this claim. Probably not.
Most courts require you to accept the terms of a non-compete clause – z.B by reading and meaning it. As a general rule, it is not enough for the employer to tell you that he is there for you to be bound by his conditions. As noted in the previous question, the length of time considered appropriate is generally analyzed in conjunction with the other factors. For example, if the non-competition agreement is used to protect valuable information, the appropriate duration is the length of time the information has value. While it appears that the main purpose of non-competition clauses is that companies protect their talents, it is not the legal justification that justifies them. Employees who work in product development often sign non-compete bans to protect trade secrets. For retail professionals, the purpose of a non-compete clause is to protect customer relations. If you develop valuable business relationships in your current role, you cannot get a new job in a competing company and invite your customers to change. Non-competition bans should be avoided. The best thing would be to have no non-competition at all. Otherwise, you should try to limit this situation as much as possible in the geographical area and in the long term.